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Dam Stakeholders Argue Against Proposed Fish Measures by Matthew Weaver Capital Press, September 3, 2025

Opponents say plaintiffs' proposal would
increase electricity rates, endanger grid

Dam stakeholders have filed opposing arguments in the lawsuit seeking emergency measures to protect endangered salmon and steelhead. They argue the requested measures are "baseless" and detrimental to electricity rates, grid reliability and the fish themselves.

The states of Oregon and Washington and environmental and recreational groups are asking a federal judge to increase spill over the dams and keep reservoirs at minimum operating levels on the Columbia and lower Snake rivers.

The U.S. Department of Justice and Northwest intervenor-defendants Inland Ports and Navigation Group and Public Power Council are among the stakeholders to file opposing briefs. How likely are the emergency measures to be approved?

"We hope not likely," said Neil Maunu, executive director of the Pacific Northwest Waterways Association. The navigation group is a subset of the association. "We feel the arguments we are making are backed by science; they're backed with explaining just how dire consequences would be for the economy and industry if they move forward."

Maunu expects arguments before U.S. District Court Judge Michael Simon in Oregon by February.

Negligible benefits to fish

The requested emergency measures will have "negligible" benefits to fish populations while increasing risk to navigation safety and river system reliability, the navigation group states.

"The plaintiffs have not demonstrated that the requested measures are supported by sound science or that they are necessary to prevent irreparable harm to salmon or steelhead populations," the group states. "The plaintiffs ignore the increasing abundance trends of listed salmon and steelhead over recent decades and have not met the high legal threshold required for preliminary injunctive relief." The Northwest Power and Conservation Council reported in December 2024 a 10-year rolling average of 2.3 million adult salmon and steelhead returning to the basin, an improvement from an average of 1.3 million fish in the 1990s, but below the annual goal of 5 million fish returning.

'Hidden tax'

In a press release, the Northwest Public Power Association cited Bonneville Power Administration estimates that the measure would raise rates for not-for-profit utilities "by an alarming 17%, with electricity customers bearing the costs" across Oregon, Washington, Idaho, Montana, Nevada and Wyoming.

The public power association is not an intervenor-defendant in the case.

"The litigation is like a hidden double-digit tax on electricity customers that threatens real harm to lower-income families, schools, farms and businesses without providing any proven benefits to salmon," NWPPA CEO and executive director Kurt Miller stated in the press release. "BPA's official analysis directly refutes plaintiff groups' unsupported assertions that the lawsuit would have little impact on electricity rates or public safety."

"I really believe that the only reason Oregon and Washington can get away with this strategy of essentially threatening the hydropower system is because average, everyday citizens don't understand what the litigation means," Miller told Capital Press. "The states of Oregon and Washington are hiding behind the highly technical nature of the lawsuit; they're not owning up to the harm it will do to their citizens."

Increased blackout risks

The proposed changes to hydropower operations sought by the groups would "severely hobble" the federal hydropower system and result in increased electricity rates, along with raising blackout risks, said Scott Simms, Public Power Council CEO and executive director, in a press release.

The proposed changes would add "substantial" power and capacity costs, estimated at $152 million to $169 million annually.

PCC's filing states that the impacts would occur "without a quantified or demonstrated benefit for salmon and steelhead populations."

'Dramatic and draconian'

Proceedings in the Oregon district court have not favored defendants, the dam stakeholders, over the past few decades, Miller said.

"As a result of that, any time litigation goes before this court in particular, it's a legitimate concern," he said. "This court and maybe especially this judge haven't been particularly sympathetic to our arguments in the past."

Simms noted that a granted injunction could end up impacting the 2026 operating year.

"If the plaintiffs prevail, we could see a dramatic and draconian operation on the Columbia River as soon as this spring," he said. "That should be scary to citizens of the Northwest."

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